The New York Personal Injury Blog

Medical Malpractice in New York

Medical Malpractice is a type of personal injury case that arises when a patient has been injured because of the improper action (or inaction) of a healthcare professional or medical facility. Negligent actions resulting in medical malpractice cases can include an error in diagnosis, treatment, or illness management. If you have suffered injuries due to the improper actions of a medical provider or health care facility, a New York injury lawyer can help you understand if you have a personal injury case.

If you need legal advice on any personal injury issue in New York, including medical malpractice, you should speak to a New York personal injury attorney. Personal injury attorneys often offer free consultations and generally take cases on contingency, which means that you will not be expected to pay attorney fees unless you receive a favorable verdict.


Recently in Medical Malpractice Category

Doctor Of Deceased Tompkins County DA George Dentes Sued

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Dr. Jonathan Mauser, of Cayuga Cardiology Associates P.C., failed to notice that former Tompkins County District Attorney George Dentes had disease, according to a lawsuit by his widow reported by the Ithaca Journal. The DA had a heart attack and died in October 2006, for which his widow blames the physician.

With the help of a New York injury lawyer, widow Elsie Dentes filed a medical malpractice lawsuit against Dr. Jonathan Mauser and his employer claiming he "improperly interpreted [George] Dentes' April 2005 stress echocardiogram." The suit goes on to claim that as a result of not detecting his coronary artery disease and treating it, he suffered a fatal heart attack.

Senior appellate judge Douglas McKeon, who hears cases in New York City, innovated a new approach to resolving medical malpractice lawsuits and the Obama administration has taken notice, an Associated Press article reported. Medical liability, blamed by some as a contributor to rising medical costs, is a contentious issue.

New York injury lawyers specializing in malpractice handle a wide spectrum of cases, ranging from gross negligence to simple human error, but critics say physicians often base their decisions more on liability concerns than the best interests of their patients.

The Wall Street Journal reported on the decision of a Queens jury late last week that New York University Langone Medical Center physicians are not liable for a kidney transplant patient's cancer. The patient became ill with cancer after receiving a donated kidney from a donor who had uterine cancer, which was discovered after the transplant procedure.

The widow of patient Vincent Liew, Kimberly Liew, sued the NYU hospital for leaving the kidney inside her husband after it was discovered that the donor had untreated uterine cancer. She claimed that the doctor told her deceased husband that the chances of contracting cancer were very slim.

Queens Plastic Surgery Gone Wrong, Almost Kills

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Bad buttocks augmentations are back in the news. While this is not the first time we have heard of bad plastic surgeries, this story is particularly shocking. This tale of spa negligence has once again gained notoriety for New York personal injury attorneys, because the spa owner is being charged with assault and unlawful practice of medicine after she nearly killed a woman while giving her a butt augmentation.

Barbara Nieto was charged on Friday after nearly killing a customer, Augusta Velez, subsequent to a butt augmentation that went terribly wrong.

This incident took place at Barbara Nieto's spa located in Corona, Queens. The spa, Barbara Nieto's Perfect Image Stethics offered butt augmentation by taking fat from the stomach and having it injected into the buttocks area.  

LI Woman Sues For Negligence After Bad Breast Implants

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According to SILive.com, a Willowbrook woman who allegedly received bad breast implants is suing a plastic surgeon for a .

Maria Alaimo, 47, went to Dr. Berman seven years ago to receive a breast enhancement of 36 C cups. However after the surgery, Ms. Alaimo developed "double-bubble" deformities. Her New York injury lawyer told the court on Monday that, "Maria came out of that operation with essentially four breasts."

Her lawsuit details that this deformity caused her "pain... disability, loss of self-esteem, humiliation and embarrassment" in addition to a divorce from her husband. Her case concerning medical malpractice and negligence is being heard at the state Supreme Court in St. George. She is seeking $5 million dollars in damages from Dr. Berman. In addition, his staff and two internet companies that referred the doctor are included as defendants: My Choice Medical Inc. and 1-800-Be-Your-Best. My Medical Choice had Dr. Berman on their list of "the best doctors." They also received a referral fee after the victim committed to the surgery.

NY Doctor Cleared Of Medical Malpractice Claims

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The Poughkeepsie Journal reports that a local in the case of a woman who claimed that he did not detect her breast cancer in time.

The woman's New York injury lawyer filed the $10 million dollar lawsuit against Dr. Thomas Murray, the plaintiff's gynecologist, because he failed to detect a tumor during an examination in July 2004. Dr Murray stated that the patient had not complained of breast pain or lumps. On March, 31, 2005, the patient visited another physician, Dr. Sumita Mazumdar. At this visit which was 8 and 9 months after her visit to Dr. Murray, the patient wrote on a form that she was experiencing pain in her breast.

New York Injury Lawyer Says Spa Disabled Client's Butt

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A New Yorker is suing a spa for "disabling injuries during a procedure to augment her unflattering buttocks" (NY Daily News). Tania Solis is suing for medical malpractice. Her New York personal injury lawyer is saying that the Bell Stetika Spa lacked "skill and competence."

If they are gong to take the spa to court for medical malpractice, they will need to prove negligence or that the spa was at fault for her "injuries."

This case will depend on what exactly her injuries are. In the news article, she describes them as "disabling injuries," but she does not elaborate any further.

The injury itself is important because in order to prove negligence or fault, you have to know what the injury is and how it could have been caused.

Bedbugs Bad Enough For Injury Attorney?

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The last thing that patients at a psychiatris hospital need when they feel like there are bugs crawling on their skin is to actually have bugs crawling on their skin. The new Greystone Park Psychiatric Hospital in Parsippany, NJ, is the battling a bedbug infestation.

CBS News reports that the $200 million hospital that just opened last year spotted bedbugs on Nov. 11. While no patients have been bitten, and the hospital is aggressively handling the situation with an extermination company that uses dogs that "sniff out" the bedbugs, could the new facility be handed a lawsuit?

It seems like, with over 500 beds on the premises, there might be are a number of lawsuits if the biting were to begin; however since there have been no reported cases of bites, is there any way to claim a personal injury? 

Hospital Injures Man By Throwing Out Ear

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A man is suing New York City after a piece of his ear was thrown out once he arrived at Montefiore Medical Center. Eduardo Garcia, 67, had the piece of his ear, but once they arrived at the hospital, the New York Daily News reports that it posed a "potential risk of contamination or infection" so it had to go.

Now, Garcia is upset that the medics took away his option of trying to have it reattached. But who is really at fault here?

Medical Malpractice For Plastic Surgeon

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New York injury lawyers may have full schedules from one doctor's medical malpractice.

A New York plastic surgeon had her license suspended and her office in Connecticut closed because of horrendous conditions. Among many of the office's indiscretions, there were reused suture sets that had blood and other fluids on them, rust on a sterilizer machine, and animal excrement on some of the equipment.